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Madras High CourtWP/19048/2020disposed of

Thimmappa v. The Inspector General Registration

2020-12-17Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :17.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.19048 of 2020 Thimmappa

...Petitioner

Vs.

1.The Inspector General of Registration, O/o.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar(Admin) 3.The Sub-Registrar,

...Respondents

Prayer:

This Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd Respondent to complete the enquiry and pass orders in the petition filed by the petitioner herein dated 26.12.2018 before the 2nd Respondent within a stipulated time.

For Petitioner : Mr.N.Srinivasulu For Respondents : Mr.T.M.Pappiah Special Government Pleader [For R1 to R3]

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the 2nd respondent to complete the enquiry and pass final orders in the petition filed by the petitioner on 26.12.2018.

2. The case of the petitioner is that the subject property was owned absolutely by the mother of the petitioner and she died on 06.04.2011, leaving behind the petitioner as the sole

legal heir. The grievance of the petitioner is that when he visited the property, he found that some unauthorized persons had encroached the property and on further enquiry, he came to understand that certain documents have been registered by impersonation and fraud and therefore, the petitioner made a representation to the 2nd respondent on 26.12.2018 to conduct an enquiry and take action in accordance with law. The petitioner has given several reminders thereafter and since it did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate direction.

3. Heard Mr.N.Srinivasulu, learned counsel for the petitioner and Mr.T.M.Pappiah, learned Special Government Pleader for respondents 1 to 3.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the 2nd respondent to conduct an enquiry based on the complaint given by the petitioner on 26.12.2018 after affording opportunity to the petitioner and other interested persons and pass final orders strictly in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent along with all the relevant documents and also a copy of this order.

5.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Kak To 1.The Inspector General of Registration, O/o.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar(Admin)

3.The Sub-Registrar, +1cc to the Government Pleader, S.R.No.41980 +2ccs to M/s.N.Srinivasalu, Advocate, S.R.No.41671 W.P.No.19048 of 2020 SAI(CO) KKV/23/12/2020